Del Monte Fresh Produce Co. v. Dole Food Co.

Del Monte Fresh Produce Co. v. Dole Food Co., 136 F. Supp. 2d 1271 (S.D. Fla. 2001), was a trade secret misappropriation case where Del Monte Fresh Produce Company asserted that Dole Food Company obtained their specialty pineapples through non-legal means and were unjustly enriched as a result.

Del Monte Fresh Produce Co. v. Dole Food Co.
CourtUnited States District Court for the Southern District of Florida
Full case nameDel Monte Fresh Produce Company, and Del Monte Fresh Produce, N.A., Inc. v. Dole Food Company, Inc., and Dole Fresh Fruit Company
DecidedFebruary 22, 2001
Docket nos.00-cv-1171
Citation(s)136 F. Supp. 2d 1271
Court membership
Judge(s) sittingAlan Stephen Gold
Keywords
trade secret

Facts

Through the expenditure of time, money, research, and other resources, Del Monte developed a special pineapple variety called MD-2 that was sweeter and contained more vitamin C, fiber, color, and a milder texture than competing pineapples. Del Monte marketed these pineapples under the name "Del Monte Gold Extra Sweet." Dole obtained the MD-2 pineapple through non-legal means via a farmer in Costa Rica who had been hired by Del Monte to grow the pineapple. Dole then began selling the same variety under the moniker "Dole Premium Select." The main question presented to the court was whether or not a pineapple could be a protectable trade secret.[1]

Holding

The court discussed Del Monte's failure to precisely define what about the pineapple was misappropriated. The court stated that one cannot necessarily protect a pineapple as a thing, but one can protect something about the pineapple whether it be genetic makeup, growing techniques, etc. Court ultimately held, however, that a pineapple's genetic information could be a protectable trade secret and that there was misappropriation.[2]

References
  1. Del Monte Fresh Produce Co. v. Dole Food Co., 136 F. Supp. 2d 1271 (S.D. Fla. 2001).
  2. Elizabeth Rowe & Sharon Sandeen, Cases and Materials on Trade Secret Law (West 2012).
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